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LUISA R. v. CITY OF NY

253 A.D.2d 196 (1999)

686 N.Y.S.2d 49

Luisa R., Appellant, v. City of New York et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

March 4, 1999

Attorney(s) appearing for the Case

John E. Fitzgerald of counsel (Deborah P. Henkin, Michael D. Neuman and John M. Daly on the brief; Fitzgerald & Fitzgerald, P. C., attorneys), for appellant.

Ronald E. Sternberg of counsel (Leonard Koerner on the brief; Michael D. Hess, Corporation Counsel of New York City, attorney), for respondents.

SULLIVAN, J. P., NARDELLI and WILLIAMS, JJ., concur.

MAZZARELLI, J.

On April 3, 1990, plaintiff was returning to her fourth-floor apartment located at 450 East 136th Street, Bronx, New York (building), when a Hispanic man wearing blue jeans and a stocking on his head pushed her into the apartment from behind, and then assaulted and raped her. Plaintiff's assailant was never apprehended nor identified. However, plaintiff remembers seeing a man dressed like the...

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